In re Tambolini

Monica
A. Duffy, Attorney Grievance Committee for the Third Judicial
Department, Albany (Anna E. Remet of counsel), for Attorney
Grievance Committee for the Third Judicial Department.

Before: McCarthy, J.P., Garry, Devine, Aarons and Pritzker,
JJ.

MEMORANDUM AND ORDER

Respondent
was admitted to practice by this Court in 1999. In 2005, he
was admitted to practice in Nevada, where he lists a business
address with the Office of Court Administration.

By
January 2014 order, this Court indefinitely suspended
respondent from the practice of law in New York for conduct
prejudicial to the administration of justice arising from his
noncompliance since 2009 with the attorney registration
requirements of Judiciary Law § 468-a and Rules of the
Chief Administrator of the Courts (22 NYCRR) § 118.1
(113 A.D.3d 1020, 1054 [2014]; see Judiciary Law
§ 468-a [5]; Rules of Professional Conduct [22 NYCRR
1200.0] rule 8.4 [d]). By September 2014 order, respondent
was thereafter also suspended from the practice of law in
Nevada for two years due to, among other things, his
unauthorized practice of law while under administrative
suspension and his failure to competently and diligently
represent clients. Respondent then failed to notify this
Court and the Attorney Grievance Committee for the Third
Judicial Department (hereinafter AGC) within 30 days
following the imposition of the Nevada sanction as required
by Rules for Attorney Disciplinary Matters (22 NYCRR) §
1240.13 (d) [1]. Accordingly, AGC now moves, by order
to show cause returnable October 2, 2017, for an order
imposing discipline upon respondent in New York pursuant to
Rules for Attorney Disciplinary Matters (22 NYCRR) §
1240.13 and Rules of the Appellate Division, Third Department
(22 NYCRR) § 806.13 on the basis of the discipline
imposed in Nevada. To date, respondent has not responded to
the motion or otherwise raised any of the available defenses
(see Rules for Attorney Disciplinary Matters [22
NYCRR § 1240.13 [b]); therefore, we grant the motion
(see Matter of Lane, 130 A.D.3d 1361, 1362 [2015];
Matter of Halbfish, 78 A.D.3d 1320, 1321 [2010]).

Turning
to the issue of the appropriate disciplinary sanction, we
take note of the discipline imposed in Nevada and the
presence of the numerous aggravating circumstances,
including, among other things, respondent's failure to
respond to the subject motion and his longstanding
registration delinquency in this state. Consequently, under
all the facts and circumstances presented, and in order to
protect the public, maintain the honor and integrity of the
profession and deter others from committing similar
misconduct, and especially noting respondent's apparent
disregard for his fate as an attorney in this state, we
conclude that - consistent with the discipline imposed in
Nevada - respondent should be suspended in this state for a
period of two years (see e.g. Matter of McCabe, 144
A.D.3d 1264, 1265 [2016]). Additionally, we further direct
that said suspension will take effect and commence at such
time as respondent applies for and is granted reinstatement
from his current indefinite suspension arising from his
Judiciary Law § 468-a violation (see Matter of
Lane, 130 A.D.3d at 1362; Matter of Chan, 126
A.D.3d 1111, 1112 [2015]).

McCarthy, J.P., Garry, Devine, Aarons and Pritzker, JJ.,
concur.

ORDERED
that the motion of the Attorney Grievance Committee for the
Third Judicial Department is granted; and it is further

ORDERED
that respondent is suspended from the practice of law for a
period of two years, effective at such time as he is
reinstated following his current suspension, and until
further order of this Court; and it is further

ORDERED
that, for the period of suspension, respondent is commanded
to continue to desist and refrain from the practice of law in
any form, in the State of New York, either as principal or as
agent, clerk or employee of another; and respondent is hereby
forbidden to appear as an attorney or counselor-at-law before
any court, judge, justice, board, commission or other public
authority, or to give to another an opinion as to the law or
its application, or any advice in relation thereto, or to
hold himself out in any way as an attorney and
counselor-at-law in this State; and it is further

ORDERED
that respondent shall comply with the provisions of the Rules
for Attorney Disciplinary Matters regulating the conduct of
suspended attorneys (see Rules for Attorney
Disciplinary Matters [22 NYCRR] § 1240.15); and it is
further

ORDERED
that respondent shall, within 30 days of the date of this
decision, surrender to the Office of Court Administration any
Attorney Secure Pass issued to him.

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